When a parent is incarcerated during a child protective proceeding, Michigan law requires that they still be allowed the right to participate in the process. A recent unpublished Michigan Court of Appeals decision highlights the importance of those rights and the legal obligations of the courts and DHHS to protect them.
In In re Marcusse Minors, No. 371407 (Mich Ct App, June 10, 2025) (unpublished), the Michigan Court of Appeals reversed a Barry County trial court’s order terminating a mother’s parental rights. However, the appellate court found that the mother’s rights under Michigan Court Rule 2.004 were violated because she was not given a meaningful opportunity to participate in three critical review hearings while in prison. Despite being represented by counsel and the Department of Health and Human Services (DHHS) claiming technical barriers, the Court of Appeals held that the rule requires more than token efforts, and actual participation opportunities must be ensured. Because her due process rights were denied, the termination order was reversed and remanded for further proceedings.
What Happened in the Marcusse Case?
The mother became incarcerated during the pendency of her child protective proceedings. About two years into the proceedings, DHHS filed a petition to terminate her parental rights. Notice of the first two hearings was sent to the prison where the mother was incarcerated, but no notice was sent for the third. At the time of the third and final hearing, the children had been in foster care for 25 months. At each hearing, the court noted that “technical difficulties” on the fault of the prison were the reason the mother did not attend via Zoom. Subsequently, DHHS moved forward to terminate the mother’s parental rights after the third hearing.
But the Michigan Court of Appeals found that the trial court failed to comply with MCR 2.004 (discussed below). Thus, they reversed the decision and required the court to hold a new hearing on termination and give the mother a real opportunity to participate.
What Is MCR 2.004?
MCR 2.004 requires Michigan courts and DHHS to take proactive steps to allow incarcerated parents the opportunity to meaningfully participate in their child welfare proceedings. This includes:
- Ensuring the parent has adequate notice of all hearings.
- Determining the best method of participation, whether by phone, video, or other means.
- Following through with the institution to make participation happen.
The rule is clear: if a parent is not given an opportunity to participate, the court cannot proceed with termination.
What Did the Court Say?
The appellate court in Marcusse found that the trial court and DHHS failed to ensure the mother could attend three key review hearings. The court rejected arguments that mere technical difficulties or the parent’s attorney’s presence were enough. Stating “[p]articipation during one proceeding will not suffice to allow the court to enter an order at another proceeding for which the parent was not offered the opportunity to participate.” In short, MCR 2.004 is not optional. It is a procedural safeguard rooted in due process.
Why This Matters for Michigan Families
The Marcusse decision is a powerful reminder: you don’t lose your rights when you enter the prison gates. Incarcerated parents have an absolute legal right to be part of their children’s cases, especially when the future of that parent-child relationship is on the line.
Failure to comply with MCR 2.004 can result in reversals and costly delays, and most importantly, it risks undermining the integrity of the process itself.
Key Takeaway
If you become incarcerated during a CPS case involving your children in Michigan, you still have a right to participate in every stage of the proceeding. If the court or DHHS fails to ensure you have that opportunity, a decision that affects your parent-child relationship may not hold up on appeal.
If you need help navigating a CPS case in Michigan, including when incarceration, technical barriers, or someone fails to make sure you can participate, the family law team at The Kronzek Firm is here to ensure your rights are protected. One of our experienced attorneys can evaluate your specific circumstances and assist you by
- Explaining your rights and responsibilities
- Communicating with CPS on your behalf
- Challenging false allegations
- Navigating court proceedings
📞 Our attorneys have helped thousands of Michigan clients for more than 30 years. You can reach all of our offices 24/7 by calling 1-800-KRONZEK.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]